KEN KIRSCHENBAUM, ESQ ALARM - SECURITY INDUSTRY LEGAL EMAIL NEWSLETTER / THE ALARM EXCHANGE You can read all of our articles on our website. Having trouble getting our emails? Change your spam controls and whitelist ken@kirschenbaumesq.com ****************************** Can contract changes be made by someone other than original signer April 24, 2026 ************************* Can contract changes be made by someone other than original signer ************************* Ken Is it mandatory that the same person who signs the original agreement signs any and all supplementals thereafter? Matt ************************* Response ************************* Good question. Assuming the original contract was signed by an authorized person, subsequent amendments or supplemental agreements can be signed by any authorized person. Who is an authorized person? If the contract is in name of individual person then that person needs to sign it and any changes to it. Someone with a valid Power OF Attorney or agent can sign it. Any legal representative can sign it, such as a guardian, Trustee, conservator or executor of an estate or Trustee of a trust. If a legal entity other than natural person, an officer, manager or agent who has the authority to act for the entity can sign and bind the entity. Short answer, the person who signs original contract need not sign contracts thereafter. Caveat: [and what is a caveat? A caveat is a warning, limitation, or proviso attached to an agreement, statement, or action that highlights specific conditions or potential problems. Originating from Latin for "let him beware," it acts as a cautionary proviso —a "condition of use" or a "red flag" that modifies understanding.] So if the contract states that only an original signer can make changes then that will be enforceable, at least while that person is alive or compos mentis [which means having full control of one's mental faculties; sane or rational]. If not competent then a legal successor would be able to sign changes to the contract. A bit of a twist on the issue is when the alarm contract [and you won't find this in a Kirschenbaum Contract TM] states that it is not binding on the alarm company unless signed by an officer of the alarm company. This is an unfortunate provision that causes more trouble than it's worth. You would be surprised how many contracts I get from clients where the alarm company hasn't signed the contract at all, let alone once by a salesman and then by an officer. Someone should be signing on behalf of the alarm company and a fully executed copy of the contract provided to the subscriber. When it comes to residential consumers you are required by law to provide a fully executed copy of the contract, as well as the cancellation notice and form, and the cooling off cancellation period [usually 3 but sometimes 5 or 7 days] does not start until the fully executed contract and notice are delivered to the consumer. ****************************** STANDARD FORMS Alarm / Security / Fire and related Agreements. click here: www.alarmcontracts.com *************************** CONCIERGE LAWYER SERVICE PROGRAM FOR THE ALARM INDUSTRY - You can check out the program and sign up here: https://www.kirschenbaumesq.com/page/concierge or contact our Program Coordinator Stacy Spector, Esq at 516 747 6700 x 304. *********************** ALARM ARTICLES: You can always read our Articles on our website at ww.kirschenbaumesq.com/page/alarm-articles updated daily ******************** THE ALARM EXCHANGE - the alarm industries leading classified and business exchange - updated daily ************************* Wondering how much your alarm company is worth? Click here: https://www.kirschenbaumesq.com/page/what-is-my-alarm-company-worth ****************************** Getting on our Email List / Email Articles archived: Many of you are forwarding these emails to friends or asking that others be added to the list. Sign up for our daily newsletter here: Sign Up. You can read articles and order alarm contracts on our web site www.alarmcontracts.com ************************** Ken Kirschenbaum,Esq Kirschenbaum & Kirschenbaum PC Attorneys at Law 200 Garden City Plaza Garden City, NY 11530 516 747 6700 x 301 ken@kirschenbaumesq.com www.KirschenbaumEsq.com
